Department Decision

Chief Secretary'S Office

Oik yn Ard-Scrudeyr

PLANNING APPEALS OFFICE Government Office DOUGLAS Isle of Man IM1 3PN Direct Line: (01624) 685280 Fax Number: (01624) 685710 E-mail: [email protected] CHIEF SECRETARY M Williams, CPFA

22 JAN 2009

Our Reference: L16NEW/DF08/0016

Planning Secretary Planning And Building Control Division Murray House Mount Havelock Douglas

Dear Sir/Madam,

TOWN AND COUNTRY PLANNING (DEVELOPMENT PROCEDURE) ORDER 2005

Application: DF08/0016 08/01607/B Applicant: Waste Management Unit Proposal: Extension to existing site, Western Civic Amenity Centre Station Road St Johns Isle Of Man

In accordance with paragraph 10 of the above Order, the person appointed by the Government in Council to consider the application has submitted his report.

After consideration the Council of Ministers has accepted the recommendations contained in that report and the application is approved subject to the conditions attached to the report.

In accordance with paragraphs 10.3(a) and (b), a copy of the appointed person's report is enclosed.

Yours faithfully,

A Johnstone Planning Appeals Administrator Encl.

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Crown Division Government Offices Douglas Isle of Man IM1 3PN Date: 22nd December 2008 To the Council of Ministers Planning Application Ref: 08/01607/B CSO Ref: DF 08/0016 Applicant: Department of Local Government and the Environment, Waste Management Unit Application: Extension to the existing Western Civic Amenity Centre, at Station Road, St John's, Isle of Man.

1. I have the honour to report that on 3rd November I inspected the site of the proposed development. The application is being dealt with under the written representations procedure. This report contains a site description, a summary of statements and representations received in connection with the application and my assessment and recommendation.

Site DESCRIPTION \& THE APPLICATION

1. The existing Western Civic Amenity comprises a long site parallel to, and on the southern side of, the old railway line. The entrance is from the A3, Curragh Road. The existing site is slightly wedged shaped narrowing to its east end and entrance. The application seeks to enlarge the existing site with a small western extension (about 13 metres) and larger southern extension (about 25 to 30 metres) creating a much larger rectangular site with a wider entrance. The existing site was approved under PA 96 / 0230.
2. The proposed extensions are into an area of rough land to the south and west containing trees and scrub. A timber storage area lies further to the south but appears to have encroached northwards from the limits shown in the air photograph, into the scrub land. The land around the boundary of the existing Western Civic Amenity Site rises to the south.
3. The proposal is to enlarge the site to provide land for more skips and bins for waste collection and to improve the access and circulation to provide a more efficient internal layout. It is not proposed to extend the scope of the waste collected at this Civic Amenity Site from the current approved list under the Waste Licence. The operating hours would remain as existing, namely 10.00 to 16.00 hrs . (The last load is received at 15.45 hrs ) with closures on public holidays.
4. The St. John's Local Plan (Planning Circular 6/99) zones some land as a "Civic Amenity Site". The current civic amenity site does not occupy all the zoned land. The proposed site would not occupy all the zoned land but would trespass outside the zoning to the south on to land zoned as "Open Space".
5. Policy OS/P/1 of the St. John's Local Plan has relevance. In the adopted Isle of Man Strategic Plan 2007, General Policies 2 and 3 have relevance.

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Reports

The material points are: Department of Local Government and the Environment, Application Support Document prepared by Dalrymple Associates -

1. It was determined by the Director of Planning that an Environmental Impact Assessment was not necessary for the size and scope of this proposal.
2. The function of the site is to receive bulky household waste and other items for reuse, recycling or onward transmission to the 'Energy from Waste Facility' or landfill. Waste does not reside on the site for long periods but is 'turned over' frequently. No burning takes place on site.
3. The site has been in use for about 10 years. The location is satisfactory for its hinterland. The preference is to enhance the existing site. The land not owned by DoLGE is owned by DAFF, which has agreed to a long term lease of the land. An easement for IRIS across the site is no longer required.
4. Impacts: Visual: The present site has no visual impact from public viewpoints. The land to the south would be used as a ramp to allow public access to deposit waste into the skips. This elevated roadway would have more visual impact than the existing roadway at ground level. However, it is not considered that the proposal would have an unacceptable adverse visual impact. There would be more visual impact to users of the old railway line as a footpath or cycleway. Views from the road would be limited by retained trees.
5. Impacts: Fly tipping, litter and dust: As the actual entrance from the A3 would be unchanged it would not be envisaged there would be any change in fly tipping. Surveillance equipment might be necessary if there were a problem. Litter and dust should not change as result of this proposal. As disposal is into skips and bins there should not be either litter or dust.
6. Impacts: Traffic: The catchment area for this proposal would remain unchanged and it would not be envisaged that there would be an increase in traffic generation. The improved internal layout and more places for disposal should result in less queuing. Highways Division has been consulted and no objection has been raised.
7. Impacts: Noise: The main noise sources would be from plant and commercial vehicles, associated with traffic to and from the site. All on-site plant would comply with relevant noise legislation. The DAFF Depot to the south is used for timber storage with large plant and machinery in operation.
8. Impacts: Smell: There is a perception that all wastes cause smell but as no on-site storage would take place it is envisaged good management would not allow decomposition to take place. The improved storage and layout would allow more efficient site management and cleanliness.
9. Impacts: Spillages: Proper facilities would be provided for the collection and movement of waste oils and fluids and batteries. Site management would respond to accidental spillages.
10. Impacts: Ecological: An ecological evaluation was undertaken and the result was that there would be no measurable impact on the local ecology.

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1. Impacts: Scavengers: Birds and rodents are considered potential nuisances. Good management would ensure wastes are promptly removed and therefore there would be little time for scavengers to remove food stuffs. Cleanliness would be enhanced by the more efficient layout. Rodents etc would be dealt with in an appropriate manner.
2. Impacts: Other: No archaeological interest was found on the site. A number of trees will be removed from the site with the agreement of DAFF.
3. Site security will remain as it is, with a northern and western boundary wall and main gates. The remaining boundaries would be chain linked fencing to the present specification. No waste items of value are normally kept on the site overnight.

Department of Local Government and the Environment, Planning and Building Control Directorate -

1. The main issues to be considered in the assessment of this application are those contained in General Policies 2 and 3 of the Isle of Man Strategic Plan and Policy OS/P/1 of the St. John's Local Plan.
2. The St. John's Local Plan states that no development will be allowed on land zoned as Open Space. The application site intrudes into Open Space zoning.
3. The proposal would create an operational site with a rectangular footprint which would not be possible within the land zoned for the civic amenity site. The proposed layout requires a wider area of land to provide sufficient vehicle manoeuvring space. The proposed layout is based on the existing site located at Douglas, which has proved to be efficient. The present Western Civic Amenity Site is not efficient in its layout and has health and safety implications for workers and the public visiting the site.
4. Whilst some trees would be removed along the southern boundary of the proposed site, it is not considered that there would be unacceptable visual impact from the A3 road. The development would remain relatively unobtrusive in the landscape.
5. The nearest dwelling is "Grianagh" which is about 200 m from the centre of the civic amenity site. It is considered that there would be no increased impact on the residential amenity of this property, or other properties in the locality.
6. Whilst the proposal would encroach onto land not zoned for development, there would remain areas zoned for use as Civic Amenity Site which would remain undeveloped. It is judged that there would be little impact upon the surrounding area, and that any visual impact would be adequately mitigated by existing tree planting. The site is well located to serve the west of the Island and is pivotal to Tynwald's adopted Waste Policy. It is considered that there are no suitable alternative sites for this proposal.
7. It is concluded that, whilst the proposed extension would be predominantly constructed on land zoned as Open Space within the Local Plan, the limited associated impacts coupled with the benefits to the general public, would act to outweigh the presumption against development in Open Space as set by Policy OS/P/1. It is recommended that the application be approved subject to planning conditions.

Consultations

The material points are: Department of Transport, Highways Division -

1. Highways Division did not oppose the proposal.

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Department of Transport, Drainage Division -

1. It should be noted that it is an offence under Manx legislation to permit the discharge of polluting or harmful matter to any public sewer or watercourses. Appropriate measures must be taken by the developer / occupier of the premises to ensure compliance with the legislation.

German Parish Commissioners

1. The Parish Commissioners had no objection to this application.

Assessment

1. The main relevant Planning Policy OS/P/1 in the St. John's Local Plan would exclude this proposal. However, the proposal should, in this particular case, be examined and assessed against a range of other criteria. In my opinion, the extension of the site into woodland and scrub owned by DAFF would mitigate its impacts on the locality. The Open Space which is to be utilised for the extension is not normally accessible to the public. Part of the Open Space is used by DAFF as a timber yard, which appears to have been extended northwards.
2. Strategic Plan General Policy 2 would allow the development of the Civic Amenity Site within the Local Plan zoned area. General Policy 3 is similar in its intentions to Local Plan Policy OS/P/1 in restricting development on land not zoned for development. However, under (g) there is scope to allow development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative. I do not consider that a Civic Amenity Site is normally a matter of "overriding national need", but in the specific circumstances of this case where there is already an existing site which is to be extended and there appears to be no reasonable and acceptable alternative, I consider that the local need can override this policy.
3. I consider the proposed layout of the Western Civic Amenity Site is much safer and more efficient than the existing layout. It would be in line with current best practice.
4. The Planning Authority and consultees suggested some planning conditions with which I agree as being necessary and reasonable. In my opinion, there would be benefit to have an additional planning condition relating to landscaping the boundary land within the ownership of DoLGE, particularly on the eastern side, in order to mitigate any damage done by tree felling on the side exposed to public view from the A3. Therefore, I suggest an additional planning condition.
5. On balance, I conclude that intrusion into the zoned Open Space is acceptable for this public use for the Western Civic Amenity Site, subject to the planning conditions.

Recommendation

1. I recommend that planning permission be granted subject to the conditions set out in the attached Schedule.

John S Turner

John S Turner BA(Hons), FRTPI, MRICS, FGS Independent Inspector

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